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cahabo


Kate Spade

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Be my Judge Judy!
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There's a big story to all of this, but I'll sum it up. I'm taking my ex-fiance to small claims court in a couple weeks for two things. One of them is for a lap top computer. While I was living with him we ordered a new Dell lap top on my credit. Even though we ordered it on his birthday it was not intended to be a gift. More like him using my credit was the gift since he was supposed to make the payments. Besides him making the payments the laptop was not his exclusively, it was to share. So anyways, after the laptop he started purchasing other stuff from Dell on my credit without my permission which really ticked me off. After a couple months of other BS from him I decided to call it quits and move back to my parents house. He did not make one single payment on the laptop so I decided I was going to take it. I had it in my hands and when he saw I was going to pack it in my car he ripped it out of my hands! Of course then he promised he was going to make payments on it until he was ready to give it to me. When I asked him when he would be giving it back to me he said there would be some stipulations. Whatever that was going to be I don't know. Well he never has given the lap top back to me or made a single payment, and I keep on making the minimum payments just to keep my credit in good standing. If he actually shows up to court I just know he's going to lie and say it was a gift. Do you think the judge will believe him if he says that? Plus what do you think the judge will rule?

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ILoveChoo


Hermes

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if its on your credit and you're making the payments, I would say it's yours! What the heck claim to it could he even try to make?

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Hermes

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I think that if you can prove that he made payments on the computer, it would look a lot less like it was a gift.  If you can get all the statements from Dell perhaps, showing that the payment came from his account, I would think that would help your case.

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greendiamond


Marc Jacobs

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Think that the fact he ordered other stuff on your credit through dell also rules in your favor. I assume you are paying on that stuff as well and that he has those items too.


Practically the same thing happened with a friend of mine, an ex-boyfriend and a laptop. She threatened to take him to court, but didn't.


 



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Marc Jacobs

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I'm not a lawyer but in my study of regulation for the cpa exam which covers some law and tax junk the problem you will have will be that it was purchased on his birthday.  I can't remember what the lecture was about but the example the teacher gave was with engagement rings given on holidays, birthdays, or anniversaries are tended to be determined as being a gift and therefore not easily reimburseable/given back.  I think if you have any proof from him saying he will pay for it or part of it or anything like that it will help you.

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Chic


Marc Jacobs

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I have no idea is this really works, but I have heard that anything in e-mail helps, so if you have anything in an e-mail that he stated he will pay you for it then you could use that.

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